PERBANDINGAN PENGATURAN BATAS USIA PERTANGGUNGJAWABAN PIDANA ANAK PELAKU TINDAK PIDANA DI INDONESIA DAN REPUBLIK RAKYAT TIONGKOK

Changes over time have led to shifts in behavior, particularly regarding the nature of crimes committed by children. This study aims to analyze a comparison of the age of criminal responsibility for child offenders in Indonesia and China, as well as the implications of these regulations on the rise in serious criminal cases involving children in both countries. The methods used are normative legal analysis with a comparative approach and a case approach. Data collection was conducted using a literature review method. Based on the analysis, the following findings were obtained: 1) The age of criminal responsibility for children as perpetrators of criminal offenses in Indonesia is regulated in Article 1, Paragraph (3) of Law No. 11 of 2012 on the Juvenile Criminal Justice System, with specific provisions in Article 69 Paragraph (2), whereas the People’s Republic of China regulates the age limit for criminal liability of children in Article 17 of Amendment (XI) to the Criminal Law of the People’s Republic of China. Differences in regulations between the two countries stem from legal, social, and economic factors. 2) Criminal liability for children in Indonesia is based solely on age, resulting in a rigid system that is less adaptable to serious crimes. On the other hand, it also has the potential to lead to the criminalization of children. In contrast, China implements a tiered system based on age and type of crime, which is more adaptable to serious crimes committed by children, with the primary focus on education and rehabilitation, and punishment as a secondary measure.